Kiểm soát hành vi lạm dụng vị trí thống lĩnh thị trường theo pháp luật cạnh tranh ở việt nam hiện nay tt tiếng anh

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY TRAN THUY LINH CONTROLLING THE ABUSE OF MARKET DOMINANCE UNDER THE CURRENT VIETNAMESE COMPETITION LAW Major: Economics Law Code: 38 01 07 EXECUTIVE SUMMARY OF LAW DISSERTATION HA NOI - 2020 This dissertation is completed at: HANOI LAW UNIVERSITY Science Supervisor Assoc Prof Dr Bui Nguyen Khanh Science Supervisor Dr Vu Dang Hai Yen Refferee 1: Refferee 2: Refferee 3: The dissertation is defended in front of the Board of Doctoral Dissertation Review at the Hanoi Law University, at date… month… year You might found this dissertarion at: National Library Library of Hanoi Law University INTRODUCTION The neccessity of disertation Enterprises holding market power are often inclined to exploit that power by strongly influencing market factors (price, output, quality, etc.) to ultimate the benefit from customers, consumers and eliminate competitors' competitiveness in order to maintain their position The State's intervention in the market to control abusive acts of enterprises with market dominant postion is necessary to ensure fair competition between business entities, which is an important basis for the dynamic and efficient operation of the market economy The first competition law of Vietnam was established in 2004 with regulations on controlling acts of abusing market dominant postion quite fairly, specific and detailed However, after more than 10 years of implementation, these regulations have revealed many limitations To overcome the limitations of the 2004 competition law, and at the same time, meet the requirements of perfecting market economy institutions, especially in the context of global economic integration with the extensive participation of Vietnam In the regional and global playgrounds, the Competition Law 2018 was enacted with many positive amendments related to controlling the abuse of VTTT So far, the Competition Law 2018 has taken effect but many contents have not been guided Therefore, in this context, the research and evaluation of the provisions of the Competition Law 2004 and awareness of the content of the Competition Law 2018 and seeking to bring it to life are extremely necessary Therefore, the author has chosen the topic: "Controlling the abuse of market dominance under the current Vietnamses competition law" to research in the hope that the research results of the dissertation will have significant for reform of the competitive environment in Vietnam Objectives of research On the basis of analyzing and assessing the current status of regulations and competition law practices on the control of abusing market dominant postion, the research aims to build solutions to improve the provisions of the law on the control of abuse dominant position in Vietnam Specific research tasks of the research including: - Research sheds light on theoretical issues on legislation of controlling the abuse of market dominant position; - Analyzing and assessing the status of adjusting the law enforcement practice of the law on control of abusing market dominant position in Vietnam - Proposing solutions to complete the provisions of Vietnamese law on controlling the abuse of market dominant position Object and scope of research 3.1 Research objects The system of view points, lines and policies of the Party on competition; - The law provisions on control of the abusing market dominant position in Vietnam; Practical application of the law on control of abuse of market dominant position in Vietnam - Experience of EU, USA, Japan; Scientific views have been published by individual authors and organizations in researches on competition in general and the abuse of market dominant position in particular and in Vietnam and abroad The dissertation only focuses on researching laws on controlling acts of abuse of market dominant position, so it will not include acts of abuse that are specific to monopoly enterprises as the division of the Vietnam Competition Law 3.2 Research scope - Scope of space: The research focuses on theoretical issues, current status of regulations and law enforcement practices on controlling acts of abusing market dominant position in Vietnam; Experiences of the United States, EU and Japan are also studied to propose lessons for Vietnam - Scope of time: The research focus on laws on controlling acts of abuse of market dominant posituon in the period from 2004 to the present time - Scope of legal documents: Researching regulations on controlling acts of abusing market dominant position in Competition Law and its guiding documents, including Competition Law 2004, Competition Law 2018 and other Implementation guidelines Methodology To accomplish the research objectives, the author has used a combination of many legal scientific research methods such as analytical - synthesis method, historical method, statistical method in which the main methods ared analytical - general method and comparative method Analysis – synthesis method: to analyze, explain and systematize specific provisions of the studied legal systems in order to provide a comprehensive and comprehensive view of the regulations related to control the abuse of market dominant postion related legal systems and at the same time evaluate the implementation of those regulations The comparative method is used to identify the similarities and differences of regulations in the studied legal systems related to antiabuse behaviors From there, the thesis will point out the appropriate legal solutions for the improvement of Vietnamese law on controlling acts of abusing market dominant position The new contribution of dissertation On the basis of acquiring and inheriting research results in previous scientific works, the research proposes new points as follows: - The dissertation contributes to supplementing and completing the theoretical basis system of policies and laws to control the abuse of market dominant position in Vietnam such as clarifying the concept of market dominance and abuse of that; analyze and clarify views on the control of the acts of abuse of market dominant postition and point out the general trend of the legal systems in controlling the acts of abuse of that behaviors - Comprehensively analyze and clarify the current situation of regulations and practice of Vietnam Competition Law on controlling enterprises having maret dominant posittion The thesis analyzes the requirements set when completing the law on controlling the abuse of market dominant position and improving enforcement efficiency in practice in order to ensure both business freedom of enterprises and ensuring the goals of competition law - The dissertation has proposed a scientific solution to improve the law to control acts of abusing market dominant position The structure of disseration Apart from the Table of Contents, Introduction, Overview of the research situation, Conclusion and List of References, the dissertation is structured into chapters as follows: Chapter 1: Theoretical issues on laws that control the abuse of market dominant position Chapter 2: Controlling the abuse of a market dominant position under Vietnamse Competition Laws Chapter 3: Orientations and solutions for improving Competition Law on controlling the abuse of market dominance in Vietnam LITERATURE REVIEW Related studies 1.1 Research on theoretical of controlling the abuse of market dominant position The research focuses on clarifying the concepts of market dominance, perspectives on the acts of abusing market dominant possition, the neccesity and mechanism for controlling abuse of market dominance Most studies have the same position of dominant market (dominance in the way of EU competition law) or monopoly market (monopoly in the way of US antitrust law) to indicate the privileged position of The enterprise that holds economic power has the ability to effectively prevent existing competition in the market and gives it the ability to act independently with competitors, manifested in its ability to lead the market Many perspectives emphasize a more cautious approach to the abuse of market dominant position, according to which, the determination of VTT abuse will need to be considered and evaluated both from the perspective of economics and legal sciences , especially in the high-tech market, the market is dynamic and creative 1.2 Research on the status on law and practice application about the law of controlling the acts of market dominant position The international studies mainly in the common researches on competition law, competition policy, especially on EU competition law and policy (EU), The United States or included in comparative studies between EU competition law and EU policy, which are considered the two basic models of competition law in the World Studies have shown that the US laws on antitrust and the EU's law against the abuse of market dominant position have some things in common However, the differences between them are at a fairly basic point, EU laws are more rigid and have a deeper intervention mechanism than US laws on antitrust Domestic studies focused on analyzing and assessing the provisions of the 2004 Competition Law with issues such as identifying abuse of dominance, monopoly position, and analyzing specific dominant abuses such as acts of predatory pricing, acts of abuse related to prices 1.3 Studies on legal trends and complete solutions to control the abuse of market dominant position The researches of the authors in the world all mention the solution to improve the law on controlling the abuse of market dominant position as the trend of changing the approach to the abuse of these acts is an approach based on the nature of behavior, in line with modern economic thinking about unilateral behavior Given the limitations of the Competition Law 2004, the domestic research also pointed out the direction and a number of solutions to improve the law on controlling the abuse of market dominant position in Vietnam Follow that, we had to put in international economic integration scene; placed in an overall relationship with other legal institutions It can be seen that the domestic researches on abuse of market dominant position under Vietnam's competition law mostly focus on analyzing specific abusive behaviors and leaving the concerns on issues brought about rationale theoreotical issues In particular, in the context of the new Competition Law 2018, no evaluation studies on the Competition Law 2018, on the basis of comparison to show the progress and reasonableness compared to the Competition Law 2004, premise for approaching, understanding and constructing the provisions of the Competition Law 2018 on comprehensive abuse of market dominance Evaluation of literature review Fristly, about the object of competition law in general and the object of regulations on abuse of market dominance in particular Secondly, about the concept of market dominant Thirdly, about the factors to determine the market dominant position of enterprise Sáu nguyên tắc xử lý hành vi lạm dụng VTTLTT Fourthly, about the concept of abuse of market dominance Firthly, about identifying the market dominant abusive behaviours Sixthly, about the principle of dealing with the market dominant abusive behaviours The issue needed to be solved by the dissertation - Research and systematize the theoretical background issues of policies and laws that control abuse of market dominance - Research theoretical issues on the concept and content of laws that control market dominant abuses Define the specific content and legal system of controlling abuse of market dominance - Assessing the rationality and unreasonability of the current law on controlling the abuse of market dominance and the need for appropriate adjustment regulations to both ensure the business freedom of the enterprises and ensure target of competition law - Proposing a system of complete views and specific solutions to perfect the law to control the abuse of market dominance Theoretical basis and research questions 4.1 Theoretical basis The establishment of the law on control of abuse of VTTT based on the theoretical basis and viewpoint of competition in the market economy The view of promoting free competition is rooted in the economic theory of the invisible hand of economist Adam Smith (1723-1790) The viewpoint and theory of the competitive market needs state regulation developed by economists and jurisprudents from the nineteenth century The basic rationale for the formation of the law to control acts of abuse of market dominance in Vietnam is the view of the Party and the State of Vietnam on perfecting the market economy institution in the context of international economic integration which emphasizes the need to ensure a healthy, fair and transparent competitive environment 4.2 Research questions and research hypotheses Research questions : - What is market dominance abuse ? How does the abuse of market dominance affect competition, the development of the economy and the interests of consumers ? - Why should there be control over the abuse of a dominant market position by law ? - How is the structure and basic content of competition law on controlling the abuse of dominant market position ? - How is the experience of other countries in controlling the abuse of dominant market positions by competition law ? - How is the current situation of legal regulations on controlling acts of abusing dominant market position in Vietnam ? - Given the shortcomings and inadequacies, what directions and solutions are needed to improve the law on controlling the abuse of dominant market position ? 12 of enterprises is a total of laws promulgated by the State to regulate acts of abusing market power of enterprises having positions dominate the market causing competition restriction impact The law on controlling acts of abusing dominant market position is an important part of competition law The basic source of legislation on controlling acts of abusing dominant market position is the competition law of countries 1.2.2 The objective of controlling the abuse of a dominant market position in the competition law The objective of the competition law in controlling the conduct of enterprises with market dominance is to prevent these enterprises from abusing market power to limit and eliminate competition and thus causing loss to social welfare, damage to consumers In other words, the application of the law to control market dominance is not aimed at eliminating the dominant position of enterprises but only abusive behaviours of market dominance to gain profits or to distort the competition, destroy the competition 1.2.3 Approaches to controlling abuse of market dominant position For more than a decade, the absolute prohibitions of competition laws of countries for certain acts of enterprises are considered abusive (the principle of per se rule), although slow, but gradually replaced with regualtions based on the rule of reason 1.2.4 The structure of law on controlling the abuse of dominant market position 1.2.4.1 Identifying enterprises, groups of enterprises have a market dominant position a) relevant market Identifying the relevant market is determining the range of close substitutes for a specific product and the geospatial range in 13 which consumers will easily switch to other suppliers of alternative products Thus, relevant market concepts include relevant product market and related geographic market b) Identifying the market power of an enterprise, group of enterprises Factors are often specified in competition laws of countries to determine whether a business has a dominant position in the relevant market, including such factors as follow: - Market shares - Number and market share of competitors - Characteristics of related products - The countervailing power of other market participants (such as the power of buyers - Market characteristics such as legal environment, speed of technology replacement, the existence of potential competitors - Barriers to market entry and expansion 1.2.4.2 Identify market dominance behavior - Price abuses such as predatory price, excessive price, price discrimination - Behavior that limits production, market or technical development - Imposing different conditions on similar transactions - Imposing the terms of conclusion is not directly related to the object of the contract 1.2.4.3 Competence and procedures for handling the abuse of dominant market positions The competition authority is the entity exercising control and the enterprise or group of firms with dominant market position is the 14 controlled entity The laws of most countries agree that competition legal proceedings are administrative proceedings 1.2.4.4 The legal consequences of performing abuse of dominant market position A common feature of most competition agencies in the world is to treat fines as a form of deterrence rather than compensation Another effective deterrent is confiscation of the profits gained from the illegal activity In addition to traditional penalties, other ways to prevent violations may also need to be considered For example, The obligation to disclose sanctions because the damage done to the reputation of the business can be a very effective form of containment Business managers may be suspended from their functions for a given period Even penalties such as claims, community services, orders not allowed to leave the country and supervision can be imposed 1.3 Model of controlling abuse of dominant position according to competition law of countries 1.3.1 Experience of the EU 1.3.2 Experience of the United States 1.3.3 Experience of the Japan CONCLUSION OF CHAPTER CHAPTER COTROLLING THE ABUSE OF MARKET DOMINANCE UNDER VIETNAMESE COMPETITION LAW 2.1 Curent status of comtrolling the abuse of market dominance 15 2.1.1 Identifying enterprises, groups of enterprises have a market dominant position 2.1.1.1 Identifying the relevant market ccording to Clause 7, Article of the Competition Law 2018, the relevant market is a market of goods and services that can be substituted for each other in terms of characteristics, purposes and prices in specific geographical areas similar competition conditions and significant differences with adjacent geographic areas 2.1.1.2 Bases for determining market dominance of an enterprise Market share According to clause 1, Article 10 of the Competition Law 2018, The market share of an enterprise in the relevant market is determined by one of the following methods: a) The percentage of sales revenue of an enterprise out of the total sales revenue of all enterprises on the relevant market on a monthly, quarterly or yearly basis; b) The percentage of purchase revenue of an enterprise out of the total purchase revenue of all enterprises on the relevant market on a monthly, quarterly or yearly basis; c) The percentage of volume of product/service sold by an enterprise out of the total volume of products/services sold by all enterprises on the relevant market on a monthly, quarterly or yearly basis; d) The percentage of volume of product/service purchased by an enterprise out of the total volume of product /service purchased by all enterprises on the relevant market on a monthly, quarterly or yearly basis Subtantial market power 16 According to Article 26, Competition Law 2018, Substantial market power of an enterprise or group of enterprises is determined based on some of the following factors: Market shares of enterprises on the relevant market; Financial strength and size of the enterprise; Barriers to market entry and expansion to other enterprises; Ability to obtain, assess, control the goods distribution/consumption market or sources of supply; Advantages in technology and technical infrastructure; Right to own, obtain and assess infrastructure; Right to own or use subject matters of intellectual property; Ability to transfer to other sources of supply or demand associated with other goods and related services; Particular factors in the sector that the enterprise runs the business 2.1.2.2 Determination of the market dominance of the enterprise According to Clause Article 24 Competition Law 2018, An enterprise shall be considered to hold a dominant position on the market if it has substantial market power as specified in Article 26 of this Law or has market shares of 30% or more on the relevant market According to Clause Article 24 Competition Law 2018, A group of enterprises shall be considered to hold a dominant position on the market if they jointly cause anti-competitive effects and have substantial market power as specified in Article 26 of this Law or their total market shares fall into one of the following cases: a) Two enterprises having the total market share of 50% or more on the relevant market; b) Three enterprises having the total market share of 65% or more on the relevant market; c) Four enterprises having the total market share of 75% or more 17 on the relevant market; d) At least five enterprises having the total market share of 85% or more on the relevant market 2.1.2 Identify market dominance behavior 2.1.2.1 Defining market dominance behavior According to Clause Article Competition Law 2018 “Abuse of a dominant position, abuse of monopoly position” means behavior of enterprises with dominant position, monopoly position which causes or may cause anti-competitive effects 2.1.2.2 Specific market dominance abuses a) Selling goods or providing services below costs that drives or probably drives competitors out of the market; b) Imposing irrational buying or selling prices of goods or services or establishing minimum resale price maintenance (RPM), which causes or possibly causes damage to customers; c) Restricting production and distribution of goods, services, limiting markets, preventing technical and technological development, which causes or possibly causes damage to customers; d) Applying dissimilar commercial conditions in similar transactions, which leads to or possibly leads to prevention of other enterprises from market entry or expansion or exclusion of other enterprises; e) Imposing conditions on other enterprises to conclude goods or services purchase or sale contracts or requesting customers to accept obligations which have no direct connection with subjects of such contracts, which leads to or possibly leads to prevention of other enterprises from market entry/expansion or exclusion of other enterprises; 18 f) Preventing other enterprises from market entry or expansion; g) Other prohibited abuse of a dominant position prescribed in other laws 2.1.3 Competence and procedures for handling the abuse of dominant market positions 2.1.3.1 Provisions on handling competence According to the provisions of Point b, Clause 2, Article 46 of the Competition Law 2018, the national competition authority of Vietnam is the National Competition Commission competent to advise the Minister of Industry and Trade to perform the management function the State on competition concurrently performs the function of jurisdiction, conducting competition legal proceedings, handling acts of restraint of competition, including acts of abusing dominant market position 2.1.3.2 Provisions on order and procedures for investigation and handling Investigation phase: The process of investigating and handling cases of abuse of dominant market position starts when the National Competition Commission receives information detected by organizations and individuals; Complaints of organizations and individuals that their lawful rights and interests are infringed upon due to violations of the law on competition; The National Competition Commission detects acts that show signs of violations of competition laws Handling phase: According to Article 91 of the Competition Law 2018, within 15 days of receiving the case file, investigation report and investigation conclusion, the President of the National Competition 19 Commission must issue an establishment decision The Council handling cases to handle cases of abuse of market dominance Initiate a lawsuit to resolve complaint: In case of disagreeing with the complaint settlement decision, the organization or individual has the right to initiate a lawsuit against part or the whole of the decision to resolve the complaint provincial level in accordance with the Law on Administrative Procedure within 30 days from the date of receipt of the decision on complaint settlement 2.1.4 Legal consequences of abusing dominant market position According to Articles 110 and 111 of the Competition Law 2018, enterprises that commit acts of abusing their dominant market position in particular and acts of restraint of competition in general shall, depending on the nature and severity of their violations, be sanctioned administrative violations or criminal prosecution; If causing damage to the interests of the State, the legitimate rights and interests of organizations and individuals, they must pay compensations therefor according to the provisions of law 2.2 Practice of law enforcement on controlling abusing dominant market position 2.2.1 Situation of abusing dominant market position to limit competition in market economy in Vietnam 2.2.1.1 Identify market structure in Vietnam 2.2.1.2 Abuse of strengths, abuse of dominant market position to limit competition 2.2.2 Practicing law enforcement on controlling abuse of businesses with market dominance in Vietnam 2.2.2.1 2.2.2.1 Current situation of Competition Law enforcement 20 agencies in Vietnam today 2.2.2.2 Results of investigations and handling of cases of abuse of dominant market position in the period of 2006 - 2017 2.2.2.2 The law enforcement on controlling abuse of enterprises has a dominant market position on the side of enterprises 2.2.3 The cause of the inadequacies and limitations in the implementation of the law - The inadequacies of competition regulations on controlling abusive behavior of enterprises have a dominant market position - The lack of harmony, even conflict between competition laws and specialized laws - The lack of effective coordination mechanism between the competition authority and the sector regulatory agencies to perform the task of protecting the competitive environment - Limitations in competencies of competition agencies - The role of the business community and related agencies is limited CONCLUSION OF CHAPTER 21 CHAPTER ORIENTATION AND SOLUTIONS FOR IMPROVING COMPETITION LAW ON CONTROLLING ABUSIVE MARKET DOMINANCE IN VIETNAM 3.1 Orientation for improving 3.1.1 Meeting requirements in the trend of economic integration, adapting to the global business environment and in accordance with international commitments 3.1.2 Maintain and protect the fair and effective competitive environment but not hinder the innovation and growth goals of each enterprise 3.1.3 Clearly demonstrate the need for a close combination of economic thinking and legal thinking 3.1.4 Clearly define the relationship between the Competition Law and the specialized laws, ensuring the industry regulatory policy in certain fields 3.2 Solutions to improve Vietnamese law on controlling the abuse of market dominance 3.2.1 Modernizing the approach in developing regulations on controlling the abuse of market dominance The approach of abusing dominant market position from an economic perspective, based on the action-based approach is considered a modern approach 3.2.2 Complete regulations on identifying relevant markets First, add the appropriate grounds to determine interchangeability for the service Second, changing the elements of the SNNIP test to fit the nature of the test is a small but significant and not temporary increase Third, directional regulation is not required to identify the relevant 22 product market on all three attributes, interchangeably in terms of properties, uses and prices Fourth, remove the fixed threshold rule on the ratio of shipping costs to the value of products that are presumed to be acceptable to consumers as a basis for identifying relevant markets 3.2.3 Perfecting regulations on determining market dominance Firstly, building the definition of market dominant position Secondly, regulations on determining VTTLTT Third, complete regulations on market share and other bases to determine the significant market power of enterprises Fourth, determining the market share of an enterprise must be in a certain continuous period up to the time when the enterprise commits the act 3.2.4 Complete regulations on identifying abusive behavior 3.2.4.1 Develop a complete system of rules for assessing abusive behavior - Develop a definition of the abuse of VTTT that reflects the nature of the behavior; - List some basic forms of abuse of dominant position to illustrate the definition given; - Provide a basket clause to cover behaviors that satisfy the nature stated in the definition but are not listed to avoid omitting the actual behavior 3.2.4.2 Complete solution to the regulations on each specific abuse - Selling goods, providing services below the whole price in order to eliminate competitors - The act of unreasonably imposing purchase or sale prices of goods or services or fixing a minimum resale price causing damage to customers 23 - Acts of limiting production and distribution of goods and services, limiting markets, obstructing technical and technological development, causing damage to customers - Behavior Applying different commercial conditions in similar transactions that lead to or likely to prevent another enterprise from participating, expanding markets or eliminating another enterprise - Imposing conditions for other enterprises to enter into contracts for purchase and sale of goods or services or to request other enterprises, customers accept obligations not directly related to the subjects of the contract leading to or potentially leading to preventing other businesses from participating, expanding markets or eliminating other businesses - Preventing the entry or expansion of other enterprises' markets 3.2.5 Completing regulations on measures to handle abusive behavior Firstly, to develop specific regulations on the mechanism of compensation for acts of public transport in general and abuse of dominant market position in particular Secondly, adding the time violation factor of the enterprise to the base to ensure sufficient deterrence as well as ensure fairness in applying to businesses with different time violations Thirdly, to develop regulations on specific fines for businesses that commit violations Fourthly, transfer the confiscation of the profits gained from the implementation of the violation to the group of remedial measures 3.2.6 Complete regulations on enforcement mechanisms Firstly, continue to improve regulations on competition enforcement agencies to ensure higher standards of independence, accountability and transparency 24 Secondly, develop regulations on coordination mechanisms, information sharing and policies between the competition authority and industry regulators Thirdly, to develop regulations on information disclosure obligations of enterprises having market dominant position CONCLUSION OF CHAPTER GENERAL CONCLUSION Abuse of market dominance is a form of anti-competitive behavior that causes serious impacts on the market However, competition law is still a relatively young legal field in Vietnam, there is little theoretical research, current regulations on controlling acts of abuse of market dominance are considered to be encountered Significant bottlenecks in execution This is an important premise for embarking on this dissertation With the objective of the study, to clarify the theoretical issues of the law on control of market dominance behavior; analyzing and assessing the current status of the law and the practical application of the law on control of acts of abusing market dominance, thereby proposing directions and solutions to perfect the regulations and improve the effectiveness of law enforcement on control of abuse of market dominance The thesis has focused on solving the following issues: The thesis has reviewed the relevant researches at home and abroad on controlling the abuse of market dominance, approaching in the direction of theory and practice The thesis has systematized a number of theoretical and practical issues on controlling the abuse of market dominance by using the conclusions from the review of the research documents The thesis 25 also points out the experience of controlling market dominance abuse in a number of countries around the world (Japan, EU, USA) From there, draws some basic lessons for the adjustment by law with the behavior of enterprises that dominate the market The dissertation has conducted an analysis of the current situation of market dominance abuse provisions of Vietnam's Competition Law Along with analyzing market structure, practical implementation of regulations on the abuse of market dominance The thesis also points out the achieved results, the outstanding problems and the causes of the limitations as a basis for developing solutions for the completion of the relevant regulations On the basis of analyzing views and orientations to improve the competition law, the thesis has proposed groups of solutions to perfect the competition law on controlling acts of abusing the dominant position in the market in both directions access and specific provisions LIST OF SCIENTIFIC WORKS DISCLOSURE RELATING TO THE DISSERTATION Ord Name of work Name of Journal No/year Page Discriminatory acts of enterprises dominating the market: Current situation and solutions to improve the provisions of competition law Commerce 9/2018 37 - 42 The approach of the European Union competition law on exploitative abusives Science and 7(138)/ 189 – Technology 2018 194 Analyze the competitive impact of tying behavior through the theory of monopoly leverage and competition policy implications Law and + 6/ Development 2019 88 - 92 ... of abuse of VTTT based on the theoretical basis and viewpoint of competition in the market economy The view of promoting free competition is rooted in the economic theory of the invisible hand... position under Vietnamse Competition Laws 5 Chapter 3: Orientations and solutions for improving Competition Law on controlling the abuse of market dominance in Vietnam LITERATURE REVIEW Related... that behaviors - Comprehensively analyze and clarify the current situation of regulations and practice of Vietnam Competition Law on controlling enterprises having maret dominant posittion The